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A constitutional challenge in PNG to the resettlement agreement could quickly destroy any disincentive value as far as people smugglers are concerned. Under the country's constitution, foreigners may not be detained unless they have broken the law in entering the country. Since the asylum seekers are being sent there against their will they cannot be held to have entered illegally.
This bold move might stop the boats in the short term. If it does, we need after the election to recommit ourselves to providing better regional upstream processing and protection for asylum seekers stranded in Indonesia and Malaysia. Let's hope that whoever is in government after the election can call a truce on the race to the bottom and commit to the hard diplomatic work that is needed.
'I want to outline the contours for a better approach — better than forcibly turning around boats, better than transporting people to Nauru and Manus Island or to Malaysia to join an asylum queue of 100,000 or permitting people to reside in the Australian community but without work rights and with inadequate welfare provision.' Frank Brennan speaks at the Australian Catholic University National Asylum Summit 2013.
It is time for each side of politics to stop blaming the other for the increasing wave of boats and for Gillard to cease invoking the unreal prospect of a revised Malaysia Solution. A revised arrangement consistent with the recommendations of the Expert Panel is an impossibility before the election.
The details of the event as so far publicly known suggest seriously life-threatening negligent process. No one would have died if this unnecessary and, on the face if it, unprofessional halt and boarding had not taken place. No amount of blaming the asylum seekers' poor seamanship can get around that fact.
While the Government deserves some credit for its decision to transfer pregnant women from the PNG detention centre to Australia, and for refraining from sending children under the age of seven to the facility, the fact remains that it has embraced and entrenched many of the Coalition cruelties that in 2007 it promised to end.
The deaths at sea of nearly 100 Rohingya asylum seekers is a stark reminder that Australia needs to step up its efforts to improve regional protection for asylum seekers. If we are genuinely committed to saving lives at sea, we must bring more to the table than words and Pacific island diversion policies.
On Saturday Scott Morrison's border asylum meter registered the arrival of the 150th boat since Julia Gillard's announcement of the Pacific Solution Mark II in August. If the 'no advantage' principle is coherent and workable, the Expert Panel on Asylum Seekers and Gillard have very different understandings of its operation.
Evidence about the persecution of returned Sri Lankan asylum seekers calls into question the justice of summary repatriation. And the actions of the Australian Government have thrown doubt on its legality. The rule of law is a delicate web of relationships that protects the weak from the tyranny of the great, and we are all weaker when it is broken.
'Might not the chief problem with Church language in the public square be that we tend to come from a position of moral superiority, approaching those dreadfully compromised politicians who will do anything to be elected? The abuse crisis reminds us that the Church is not irreproachable.' Text from Fr Frank Brennan's presentation at the Anglican Church of Australia's Public Affairs Commission Conference, November 2012.
'Even without the political static which is drowning us all out down there in Canberra, there is real doubt whether the Gillard bluff 'Don't get on a boat because you might end up in Nauru' can do what the Howard bluff could not deliver.' Full text from Fr Frank Brennan SJ's Law and Justice Oration at the Law and Justice Foundation 2012 Justice Awards Dinner, Parliament House, Sydney.
In politics, hypocrisy is a natural condition. On Tuesday, it became evident that refugee policy is the last thing that should be made by the Australian government. Gillard has now achieved something Howard could only dream of, and shown Labor can play the game of hypocrisy as well as any.
49-60 out of 134 results.